CONTEXT 184 : JUNE 2025 41 settlements, decision-makers will need to take account of NPPF paragraph 125(c), alongside other policies within the NPPF taken as a whole. Where a proposal would cause less than substantial harm to the significance of a designated heritage asset, paragraph 215 (which requires the public benefits of the proposals to be weighed against the less than substantial harm) would still need to be applied. Where relevant, decision makers will need to provide a clear articulation of how paragraph 125(c) has been demonstrably considered and applied alongside other policies. The updated PPG states that the purpose of preserving the setting and special character of historic towns ‘relates to historic towns not villages. Where there are no historic towns in the plan area, it may not be necessary to provide detailed assessments against this purpose’. So while historic towns are not defined explicitly, it is now clear that the term does not include villages (Para: 005, Reference ID: 64-005-20250225). Case law I Patarkatsishvili andY Hunyak v WWoodward-Fisher [2025] EWHC 265 (Ch) This relates to a claim for rescission and damages for fraudulent misrepresentation relating to pre-contract enquiries to buy a London mansion for £32.5 million in 2019. The claimants elected to rescind the contract of sale and the transfer of title of the house. They also sought damages reflecting the value of the house in its current condition and the cost of the house on purchase. The claimants won the case and the defendant was ordered to repay the purchase cost and substantial damages. This very unusual property law case is a warning to property agents, solicitors and conveyancers who assist in answering the pre-contract enquiries and questionnaires. The interesting aspect from a heritage perspective is that the fraudulent misrepresentation consisted of not mentioning a moth infestation, which turned out to be significant. The infestation was due to the use of natural wool insulation in an extension, an environmentally friendly method of insulating walls and floors. Two types of wool were used: a 75 per cent wool product for the internal walls and a 30 per cent wool product in the floor voids. The lambs’ wool in the ceiling voids may have been infected prior to installation. That is something to be mindful of when insulating historic buildings. Misleading report A judicial review application regarded a planning permission by Dover District Council for a McDonalds restaurant (Ref: DOV/24/00293). The site was adjacent to a Grade I-listed castle (also a scheduled ancient monument), a Grade II-listed medieval church (also a scheduled ancient monument) and close to a conservation area. A new drive-through restaurant with car parking and landscaping was proposed. Following consultation, several hundred responses and a petition were received, many of which were objections. Heritage bodies stated that they were concerned that the development would harm the significance of the heritage assets. The council agreed that it had failed to properly consider heritage when it granted planning permission. It indicated that the planning officer assigned to the case wrote a report for committee which was misleading,
RkJQdWJsaXNoZXIy MzI0Mzk=